A22_W912EE24B0002 Amendment 0003.pdf

W912EE24B0002

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Reference Solicitation W912EE24B0002 - Paradise Lake Closure;

SEE CONTINUATION PAGE FOR CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Nov-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912EE24B0002

X 9B. DATED (SEE ITEM 11)

23-Oct-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Nov-2023

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

SPECIFICATIONS: Bidding Schedule, Notes Section, Section 01 00 00.00 09, and the Submittal Register are revised and replaced.

DRAWINGS: Drawing C-501 is revised and replaced.

Specifications revised by this amendment have the notation "Revised by Amendment 0003" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

Drawings revised by this amendment have the notation “Revised by Amendment 0003” in the title block.

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been modified:

BID SCHEDULE

The Revised Bid Schedule is replaced. Please use the Bid Schedule from Amendment 0003 when preparing and submitting a bid.

MISSISSIPPI RIVER, RM 548.3-R,

FC/MR&T, CHANNEL IMPROVEMENT

PARADISE LAKE CLOSURE

BID SCHEDULE

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $

0002 CLOSURE REPAIR 1 JOB FOR $

GRADING AND EXCAVATION

FOR ROCK CHUTE 1 JOB FOR $

0004 CLEARING AND GRUBBING 1 JOB FOR $

0005 STONE "C"

0005A FIRST 200,000 TONS 200,000 TONS $ $

0005B OVER 200,000 TONS 50,000 TONS $ $

0006 #57 GRAVEL

0006A FIRST 2,000 TONS 2,000 TONS $

0006B OVER 2,000 TONS 500 TONS $

0007 EROSION CONTROL 1 JOB FOR $

TOTAL $

Revised by Amendment 0001 Amendment 0003 Bid Schedule

MISSISSIPPI RIVER, RM 548.3-R,

FC/MR&T, CHANNEL IMPROVEMENT

PARADISE LAKE CLOSURE

BID SCHEDULE

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $

0002 CLOSURE REPAIR 1 JOB FOR $

GRADING AND EXCAVATION

FOR ROCK CHUTE 1 JOB FOR $

0004 CLEARING AND GRUBBING 1 JOB FOR $

0005 STONE "C"

0005A FIRST 200,000 TONS 200,000 TONS $ $

0005B OVER 200,000 TONS 62,350 TONS $ $

0006 #57 GRAVEL

0006A FIRST 2,000 TONS 2,000 TONS $

0006B OVER 2,000 TONS 600 TONS $

0007 EROSION CONTROL 1 JOB FOR $

TOTAL $

Revised by Amendment 0003

NOTES SECTION

(A) THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE UNDER NAICS CODE 237990

WITH A SMALL BUSINESS SIZE STANDARD OF $45,000,000.00.

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Total Small Business Set- Aside under NACIS Code 237990 . The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

Instructions for Calculation of the Cost of Contract Performance Incurred for Personnel in Accordance with 'Limitations on Subcontracting' (FAR 52.219-14):

Clearly describe the Work to be Performed by Prime Personnel and/or Similarly Situated Entities:

Show Calculation of the Cost of Contract Performance Incurred for Personnel:

Total cost of contract = $

Total cost of performance by Prime and it’s similarly saturated entities = $

Percentage of Contract Performance Incurred by Prime Personnel and/or Similarly Situated Entities = (Line 1 / Line

2) X 100 = %

Partnering With Us, https://www.usace.army.mil/Business-With-Us/Partnering/, in all solicitation notices posted at the Governmentwide point of entry for construction contracts anticipated to be awarded to a small business pursuant to FAR Part 19 to be in compliance with FAR 36.211(b).

(B) THIS SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA AS A PRECONDITION

TO AWARD (SEE DETERMINATION OF RESPONSIBILITY REQUIREMENTS PAGE BELOW).

(C) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTPS://WWW.PROJNET.ORG/PROJECT. SEE

SNTB PAGE ENTITLE “TECHNICAL INQUIRIES AND QUESTIONS”

(D) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE

APPROPRIATE BLANK FOR REQUIRED ITEMS BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM ITS UNIT PRICE TO BE

THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, ITS BID WILL BE DECLARED NONRESPONSIVE.

(E) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES AND ARE

PROVIDED ONLY AS A BASIS TO ESTABLISH UNIT PRICES FOR THE CONTRACT LINE ITEMS.

ACTUAL QUANTITIES REQUIRED WILL VARY BASED UPON THE ACTUAL WORK REQUIRED, AND

AS DETERMINED IN THE FIELD. IT IS EXPRESSLY UNDERSTOOD THAT THE ACCURACY OF ANY

ESTIMATED QUANTITIES IS IN NO WAY WARRANTED AND THAT THIS INFORMATION WILL NOT

RELIEVE A BIDDER FROM THE RESPONSIBILITY TO ESTIMATE THE QUANTIES INVOLVED. IT IS

FURTHER EXPRESSLY UNDERSTOOD IN NO CASE WILL SUCH ESTIMATED QUANTITIES BE USED

AS A BASIS OF A CLAIM AGIANST THE GOVERNMENT.

(F) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH PROVIDES

FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE APPLICATION OF THE

LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF IT IS NOT

STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRO

RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.

(G) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE

GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE

UNIT PRICE WILL BE CONSIDERED TO BE THE BID.

(H) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AS

MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(I) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR

AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(J) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT

MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE

COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS AND CERTIFICATIONS AT WWW.SAM.GOV. SEE FAR CLAUSES 52.204-7 AND 52.204-8 FOR REQUIREMENT

INFORMATION.

(K) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT PERFORMANCE

AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH THE TIME FRAME IN BLOCK

12B OF SF1442. THE NTP WILL BE ISSUED IMMEDIATELY AFTER VERIFICATION OF ACCEPTABLE

PERFORMANCE AND PAYMENT BONDS. WITHIN SEVEN (7) CALENDAR DAYS AFTER ISSUANCE OF

THE NTP, THE CONTRACTOR SHALL INITIATE A MEETING TO DISCUSS THE SUBMITTAL PROCESS

WITH THE AREA OR RESIDENT ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. PHYSICAL

WORK CANNOT START UNTIL THE ACCIDENT PREVENTION PLAN, CONTRACTOR QUALITY

CONTROL PLAN, AND OTHER SUBMITTALS WHICH MAY BE REQUIRED, HAVE BEEN SUBMITTED

AND APPROVED AND ALL PRELIMINARY MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE

BEEN CONDUCTED.

(L) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE

PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

(M) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY

REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS. REVISIONS

OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY

AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.

(N) A VIRTUAL PRE-BID CONFERENCE WILL BE HELD APPROXIMATELY 2 WEEKS AFTER THE

SOLICITATION IS PUBLISHED.

(O) SURVEYS USED TO DEVELOP CROSS SECTIONS WERE TAKEN BETWEEN MAY AND JUNE 2022.

THE CLOSURE DAM IS ROUTINELY OVERTOPPED DURING HIGH WATER CONDITIONS. SITE

CONDITIONS MAY HAVE CHANGED SINCE SURVEYS WERE TAKEN. BIDDERS SHOULD

ANTICIPATE LARGER SCOUR HOLES. BIDDERS ARE ENCOURAGED TO MAKE A SITE VISIT TO

VIEW CURRENT SITE CONDITIONS.

Revised by Amendment 0003

W912EE-23-B-0002

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 PARTNERING

1.4 RIGHTS-OF-WAY

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

1.6 PRECONSTRUCTION CONFERENCE

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.9 ORDER OF WORK

1.10 WORK SCHEDULE DIAGRAM

1.11 DESIGNATED BILLING OFFICE

1.12 PAYMENT INVOICES

1.13 AS-BUILT DRAWINGS

1.14 PROJECT SIGN

1.15 MINIMUM REQUIRED INSURANCE

1.16 CERTIFICATES OF COMPLIANCE

1.17 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS

OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

1.18 SAFETY SIGN

1.19 DAILY INSPECTIONS

1.20 ACCIDENT INVESTIGATIONS AND REPORTING

1.21 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

1.22 MACHINERY AND MECHANIZED EQUIPMENT

1.23 VEHICLE WEIGHT LIMITATIONS

1.24 PUBLIC AND PRIVATE UTILITIES

1.25 DAMAGE TO WORK

1.26 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.27 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.28 HARBOR MAINTENANCE FEE

1.29 SURVEYS

1.30 ACCEPTANCE OF COMPLETED WORK

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 00 00.00 09 Page 1 Revised By Amendment 0003

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety -- Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

19 CFR 24.24 Harbor Maintenance Fee

1.2 SUBMITTALS

Government approval is required for all submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Initial Surveys; G

1.3 PARTNERING

The Government encourages formation of informal project partnerships on all projects. A project partnership strives to utilize a cooperative working relationship to jointly establish and effectively reach mutual project execution goals. The partnering process will in no way relax or stiffen the requirements of the contract, but will enhance the likelihood of success through improved working relationships and joint risk management. The possibility of an informal partnership may be discussed at the Pre-construction Conference for this project.

1.4 RIGHTS-OF-WAY

a. The rights-of-way for Contractor performance under this contract, within the limits indicated on the drawings, will be provided by the Government without cost to the Contractor. It is the Contractor's responsibility to carefully review and determine the scope of the rights-of-way. Any questions should be clarified with the Government prior to use. If these rights-of-way are used by the Contractor, he shall, at his own expense, do all work necessary to make such rights-of-way suitable for safe travel to and from the worksite. Upon completion of the Contractor's work, any such rights-of-way furnished by the Government shall be left in a condition satisfactory to the

SECTION 01 00 00.00 09 Page 2

Contracting Officer.

b. When so directed by the Contracting Officer, the Contractor shall, without expense to the Government, promptly vacate and clean up any part of the Government grounds or rights-of-way that have been allotted to or have been in use by the Contractor.

c. The Contractor shall not obstruct any existing roads or any other means of existing ingress or egress on lands controlled by the United States except with written permission of the Contracting Officer and shall maintain such roads and other means of ingress or egress in as good condition as exists at the time of commencement of work performance under this contract.

d. The Contractor shall procure, without expense to the Government, all additional lands, access roads, rights-of-way, and any other property rights necessary for his use in the performance of the work or as required by his method of operation. The Contractor shall provide the Contracting Officer with an authenticated copy of the conveyance under which the Contractor acquired such property rights, prepared and executed in accordance with the laws of the State in which the land is located. The Contractor shall also obtain from the property owners and present to the Contracting Officer a release of all claims against the Government which may result from the Contractor's use or possession of such real estate or property rights. The written conveyance and release shall be provided to the Contracting Officer prior to the Contractor's use of Contactor obtained real estate or property rights. If temporary rights-of-way are obtained by the Contractor the period of time for those rights shall coincide with Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, plus a reasonable time for any extension granted for the completion of the work. Any agreements or permits with levee boards, counties, parishes, municipalities, or other political subdivisions for moving material and equipment will be the responsibility of the Contractor and shall be obtained at no expense to the Government. Any delays to the Contractor resulting from delays in procuring access roads, rights-of-way, permits, or other real estate and property rights necessary for moving material and equipment for his work under this contract will not be a basis for any claim for increase in the cost of this contract. The Contractor shall make his own investigations to determine the conditions, restrictions and difficulties which may be encountered in acquiring such real estate, rights-of-way, or other property rights and in the transportation of material and equipment. In addition, the Contractor shall be solely liable for any and all damages and claims of any nature whatsoever arising from, related to, or growing out of the acquisition and use of this real estate, rights-of-way, property rights, etc.

e. The Contractor shall repair at no expense to the Government, any and all damage to any existing roads or other means of existing ingress or egress when such damage is a result of his operations under this contract.

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

The Contractor shall layout and mark the rights-of-way limits as indicated on the drawings prior to beginning any other work, unless otherwise approved. The marking shall be placed at intervals approved by the

SECTION 01 00 00.00 09 Page 3

Contracting Officer. The rights-of-way limits shall be marked by stakes, flagging or other approved means. The marking shall be highly visible from a distance of at least 100 feet, and shall be maintained for the duration of the contract. If the rights-of-way marking should fade significantly in color, become damaged or lost as a result of the Contractor's operation or as a result of vandalism, or in any other way cease to function as a highly visible marker of the rights-of-way limits, the Contractor shall layout and restore the marking to the original condition. After all work is complete and upon approval of the Contracting Officer, the Contractor shall remove all marking. No separate payment will be made for layout, marking and maintaining the rights-of-way limits or for removing the marking.

1.6 PRECONSTRUCTION CONFERENCE

a. A preconstruction conference will be arranged by the Area Engineer as soon after contract award as possible, and the conference will be conducted before work is allowed to commence. The Area Engineer will notify the Contractor of the time, date, and location for the meeting. At this conference, the Contractor will be oriented with respect to contract administration procedures, lines of authority, opportunity for formation of project partnerships including joint risk management, and construction matters. All known subcontractors performing at least 20 percent of the contract are required to attend this conference. Additional conferences may be established by the Area Engineer for any major subcontractors unknown at the time of the initial conference.

b. Submission by the Contractor of the items listed below will determine the date of the conference. The following items shall be submitted to the Area Engineer in hard copy and electronic (pdf) format for review at least seven (7) calendar days prior to the preconstruction conference:

(1) Accident Prevention Plan

(2) Quality Control Plan

(3) Environmental Protection Plan

(4) Six copies of the certified Large Construction Notice of Intent (LCNOI) for each site

(5) Work Schedule Diagram

(6) Submittal register

c. The Contractor shall bring to this conference, in completed form, the following:

(1) Letter of superintendent appointment and authority

(2) List of subcontractors

d. Minutes of this conference will be taken and prepared by the Area Engineer and sent to the Contractor for his concurrence and signature.

SECTION 01 00 00.00 09 Page 4

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

a. This paragraph does not apply to small business concerns.

b. After bid opening, and within 7 days, the apparent low bidder, upon telephone notification by the Small and Disadvantaged Business Utilization Specialist, shall submit a Small and Disadvantaged Business Subcontracting Plan. The plan shall be submitted in accordance with the Contract Clauses SMALL BUSINESS SUBCONTRACTING PLAN - ALTERNATE I. The person responsible for administering the plan shall be named in paragraph AGENT FOR SUBMITTING SMALL BUSINESS SUBCONTRACTING PLAN of the Representations and Certifications.

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

At least 7 days before beginning work, and at least one day before resuming work after a period of 7 days or more when no work has been performed, the Contractor shall notify U.S. Army Corps of Engineers, Mr.

Jason Overstreet, Area Engineer, Greenwood Area Office, 100 Moore Street, Greenwood, Mississippi 38930-4512, telephone (662) 455-0247 .

1.9 ORDER OF WORK

The work shall be carried on in accordance with the Work Schedule Diagram (schedule) required by paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS. Order applies to beginning or start of features of work listed. The contractor may start subsequent activities, in prescribed order, as soon as construction methods allow. In preparing the Work Schedule Diagram (schedule), the Contractor shall adhere to the following order of work:

1. Excavate to grade the rock chute. Any cut material is to be placed in the section of the proposed enclosure area,

2. Grade and shape the enclosure,

3. Lay stone in the rock chute,

4. Lay stone along the enclosure.

1.10 WORK SCHEDULE DIAGRAM

The Contractor shall furnish a Work Schedule Diagram to the Contracting Officer as described below.

a. Work Schedule Diagram

(1) The progress chart required by provisions of paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS, shall be prepared in the form of a Work Schedule Diagram. FIVE (5) COPIES OF THE WORK SCHEDULE DIAGRAM WILL BE REQUIRED. The use of a computer is at the Contractor's option.

(2) The Work Schedule Diagram shall be in either the I-J or Precedent Diagramming method. The diagram shall show the order and interdependence of activities and the sequence in which the work is to be accomplished. The diagram shall include, in addition to construction activities, the submittal and approval of materials, samples and shop drawings, the procurement of all

SECTION 01 00 00.00 09 Page 5 materials and equipment, and preparatory and initial quality control inspections. All activities of the Government that affect progress and contract required dates for completion of all or part of the work shall be shown. No activity with a duration of more than thirty (30) calendar days will be allowed. The diagram shall be drafted to show a continuous flow from left to right with no flow from right to left. The following information shall be shown on the diagram for each activity: preceding and following event numbers, description, estimated cost, and duration of calendar days. Numbering shall be assigned so that preceding event numbers are smaller numerically than the following event numbers.

Skip-numbering should be used on the network to allow addition of subsequent activities for change order and logic changes. The submittal of the diagram shall include a listing of standard abbreviations used by the Contractor.

(3) The diagram shall be submitted in time to be received by the Government seven (7) days prior to the scheduled Preconstruction Conference. The diagram will be used to determine Contractor's progress on the project. The Contractor shall at least monthly or with each pay estimate submit actual progress and remaining duration on each activity, which will be agreed to by the Contracting Officer. If there are no changes on the diagram logic, the Contractor may submit these updates in a narrative form. If any changes are made to the diagram logic, the Contractor shall submit a revised work schedule diagram along with a narrative explaining those logic changes. Five (5) copies of any revised diagrams will be required.

1.11 DESIGNATED BILLING OFFICE

The designated billing office for this contract shall be U.S. Army Corps of Engineers, Greenwood Area Office, 100 Moore Street, Greenwood, Mississippi 38930-4512 .

1.12 PAYMENT INVOICES

a. The Federal Acquisition Regulation requires that the "REMIT TO" address on the invoice match the "REMIT TO" address on the contract or a proper notice of assignment. The Payment Office will verify a match of the "REMIT TO" address in the contract and Contractor’s invoice prior to payment. If the addresses do not match, the invoice will be determined improper and returned to the Contractor for correction and resubmission. If an invoice is improperly returned, the original invoice receipt date shall be used as the basis for determining interest to be paid in accordance with the PROMPT PAYMENT ACT.

b. Among other things, the Contract Clause PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS requires that a proper invoice for payment include substantiation of the amounts requested. As required in Office of Management and Budget, 5 CFR Part 1315, September 29, 1999, PROMPT PAYMENT, substantiation of the amount requested for progress payments under construction contracts includes the following:

(1) An itemization of the amounts requested related to the various elements of work required by the contract covered by the payment request;

SECTION 01 00 00.00 09 Page 6

(2) A listing of the amount included for work performed by each subcontractor under the contract;

(3) A listing of the total amount of each subcontract under the contract;

(4) A listing of the amounts previously paid to each such subcontractor under the contract; and,

(5) Additional supporting data in a form and detail required by the Contracting Officer.

c. Failure to include the above information in a Contractor’s invoice will result in the invoice being considered defective under the provisions of the PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS clause of the contract, and it will be returned to the Contractor for correction and resubmission.

1.13 AS-BUILT DRAWINGS

This paragraph supplements the Contract Clause SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION.

a. As-Built Contract Drawings. The Contractor shall maintain two (2) full-size sets of blueline prints of the contract drawings depicting in red a record of as-built conditions. These drawings shall be maintained in current condition at all times during the entire contract period. The blueline drawings shall be updated daily by the Contractor showing all changes from the contract plans which are made in the work, additional information which might be uncovered in the course of construction, and information for future construction reference (such as debris disposed by burying). This information shall be recorded on the blueline prints accurately and neatly by means of details and notes. Each month, prior to submitting a request for progress payment, the Contractor shall review the blueline as-built drawings with the Contracting Officer, and the Contractor shall certify that the as-built drawings are accurate and up-to-date before progress payment is made. The Contractor shall deliver to the Contracting Officer the two (2) original full-size completed sets of as-built marked blueline prints at the time of the final inspection of the project. In addition, the Contractor shall provide two CD-ROM's, each containing a full-size, 400 dpi PDF (portable document format) set of as-built drawings, to the Contracting Officer at the time of final inspection. The as-built drawings shall be identified by entering the words "AS-BUILT DRAWINGS" in letters at least 3/16-inch high, placed in the lower right corner of each drawing.

b. As-Builts will include (requirement that Contractor furnish) cross-sections on finished cut and fill grades and finished grade on riprap for Enclosure and the Rock Chute. Cross-sections shall be at 100 ft intervals and in electronic format.

c. No separate measurement or payment will be made for providing as-built drawings, electronic drawings and plates, or for any of the work required by this clause, and all costs therefor shall be included in the applicable contract prices contained in the Bidding Schedule.

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1.14 PROJECT SIGN

The Contractor shall fabricate, erect and maintain one sign for project identification. The sign shall be displayed and positioned for reading by passing viewers. The exact location is subject to Contracting Officer's approval. Information for the right side of the project sign shall be as follows:

Title: Mississippi River, RM 548.3-R FC/MR&T, Channel Improvement Paradise Lake Closure

Contract No: W912EE-23-C-0XXX

Contractor: (Contractor's name and city)

The project identification sign shall meet the requirements specified in the U.S. Army Corps of Engineers Sign (USACES) Standards Manual, EP 310-1-6a and EP 310-1-6b. The project identification sign shall include a "Build A Better America" emblem sign. The emblem is located at the following link:

https://www.whitehouse.gov/wp-content/uploads/2022/08/Building-A-Better-America-Brand-Guide.pdfA copy of the sign standards manual is available for review at the office of the Vicksburg District Sign Program Manager and questions concerning manufacture and installation of the project identification sign may be addressed to:

Vicksburg District Sign Program Manager (Aaron Posner)

ATTN: CEMVK-OD-MN

4155 Clay Street Vicksburg, MS 39183-3435 Telephone: (601) 631-5287

1.15 MINIMUM REQUIRED INSURANCE

The following paragraph is applicable if the services involved are performed on a Government Installation. Government Installation is defined as property where the Government holds by fee simple title, by construction rights-of-way, or perpetual easement, etc., an interest in real property. See the Contract Clause INSURANCE-WORK ON A GOVERNMENT

INSTALLATION.

a. Workmen's Compensation and Employer's Liability Insurance. The Contractor shall comply with all applicable workmen's compensation Statutes of the States of Arkansas and Mississippi and shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

b. General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence on the comprehensive form of policy.

c. Automobile Liability Insurance. Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. This insurance shall be on the comprehensive form of policy and shall cover the operation of all automobiles used in performance of the contract.

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1.16 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of material with specification requirements shall be executed in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.17 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS OF

ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

Contractors are required to comply with the latest version, and all posted changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation.

EM 385-1-1 version 2014 and changes are available on the Internet at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx, Search for EM_385-1-1, then click on EM_385-1-1 2014 english version.

Prior to making an offer, offerors should check the referenced website for the latest changes. No separate payment will be made for compliance with the requirements of this paragraph, or for compliance with other safety requirements of the contract.

1.18 SAFETY SIGN

The Contractor shall fabricate, erect and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The safety sign shall meet the requirements specified in the U.S. Army Corps of Engineers Sign (USACES) Standards Manual, EP 310-1-6a and EP 310-1-6b. A copy of the sign standards manual is available for review at the office of the Vicksburg District Sign Program Manager and questions concerning manufacture and installation of the safety sign may be addressed to:

Vicksburg District Sign Program Manager (Aaron Posner)

ATTN: CEMVK-OD-MN

4155 Clay Street Vicksburg, MS 39183-3435 Telephone: (601) 631-5287

1.19 DAILY INSPECTIONS

Refer to Section 01 45 04.00 09 CONTRACTOR QUALITY CONTROL and the Contract Clause INSPECTION OF CONSTRUCTION. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the job site. The reports shall be records of the daily inspections and resulting actions. As a minimum each report shall include the following:

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a. Phase(s) of construction underway during the inspection.

b. Locations or areas inspections were made.

c. Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

1.20 ACCIDENT INVESTIGATIONS AND REPORTING

Refer to EM 385-1-1, Section 1, "Program Management", paragraph 01.D, "Accident Reporting and Recordkeeping". Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported in writing to the Contracting Officer or his representative within one working day after the accident occurs.

1.21 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

a. Accommodations. The Contractor shall furnish and maintain a temporary building for the exclusive use of the Government Representatives and shall move the building from the vicinity of one part of the work to another as the work progresses. The office shall not be located on a machine barge with a "working" dragline or backhoe. The building shall be of light, but weatherproof construction, approximately 120 square feet in size with not less than 7 feet of headroom. It shall have a minimum of three windows arranged to open and to be securely fastened from the inside. The door shall be of wood panel or solid core construction and be equipped with a padlock and heavy duty hasp bolted to the door. Insect screens shall be provided for windows. Glass panels in windows shall be equipped with bars or heavy mesh screens which will prevent easy access to the building through these panels. The room shall be equipped with a desk that can be locked, four chairs, a four-drawer filing cabinet and sufficient shelf space for the inspector's maps and charts and a drafting table providing a working surface of 3 feet x 6 feet consisting of 3/4-inch plywood, hinged to a wall of the building, with hinged legs. The Contractor shall heat the building by means of heaters and shall cool the building by means of an air conditioning unit. A minimum of two wall outlets and two ceiling drops shall be provided in the building. Permanent toilet facilities with running water shall be provided in the building/trailer. The building shall remain the property of the Contractor and upon completion of all work under the contract shall be removed as provided in the Contract Clause OPERATIONS AND STORAGE AREAS. An office trailer meeting the above requirements will be acceptable. If the office is located on a barge, gang plank shall be provided to access the river banks.

b. Electrical and Radio. Electric current shall also be provided for operation of computers, lights appliances, and calculators. Electric current may be provided by use of a portable generator. Adequate wall outlets and adequate ceiling mounted lights shall be provided in the building. Surge protection shall be provided at all wall outlets. In addition, a two-way radio with the contractors working frequency shall be provided for continuous communications between the inspector and the contract superintendent.

c. Janitor Services. The Contractor shall furnish daily janitorial

SECTION 01 00 00.00 09 Page 10 services for the above office and perform any required maintenance of subject facility and adjacent grounds during the entire life of the contract. Toilet facilities shall be clean and sanitary at all times.

Services shall be performed at such a time and in such a manner to least interfere with the operations but will be accomplished only when the office is in daily use. The Contractor shall also provide daily trash collection and cleanup of the building and adjacent outside areas, and shall dispose of all discarded debris in a manner approved.

d. The Contractor shall provide an aluminum skiff or boat, with an enclosed cabin that will provide occupants and equipment protection from the elements, with a minimum length of 18 feet and a minimum bottom width of 72 inches. The boat shall be equipped with outboard motor(s) of appropriate horsepower for the craft selected, travel distances involved, and the waters in which the work is located, but not more than the maximum rated horsepower. An operator shall be provided for operation of the vessel during daylight hours for sounding and general inspection duties. The Contractor shall maintain the vessel in a safe and reliable operating condition in accordance with EM 385-1-1 and the U. S. Coast Guard requirements. The vessel may be used by the Contractor when not needed by the inspector, but it must be made available for the inspector's use at any time.

e. The contractor shall furnish suitable transportation with an operator for normal QA inspection duties throughout the job site during working hours. The vehicle and operator shall meet all contract safety requirements with the capability to carry up to 3 passengers. Response time for any transportation request will be within 15 minutes of the request. When transportation is request, the travel will be solely dedicated to the QA activities and not combined with other activities of the Contractor.

f. No separate measurement or payment will be made for providing and maintaining the prescribed building, accommodations, utilities and janitor services, and all costs associated therewith shall be distributed throughout the existing bid items. Should the Contractor refuse, neglect, or delay compliance with the above requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from any amount due or to become due the Contractor.

1.22 MACHINERY AND MECHANIZED EQUIPMENT

Machinery and mechanized equipment used under this contract shall comply with the following:

a. When mechanized equipment is operated on floating plant, the Contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on- and off-road), backhoes, hydraulic excavators (track hoes), and similar equipment. If the Contractor plans to use such equipment on floating plant, an activity hazard analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the

SECTION 01 00 00.00 09 Page 11 water. Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impracticable. The activity hazard analysis must thoroughly address the procedure and be submitted to the Corps for review and acceptance prior to start of this feature of work.

b. The stability of crawler, truck, and wheel-mounted cranes shall be assured.

(1) The manufacturer's load-rating chart may be used to determine the maximum allowable working load for each particular crane's boom angle provided a test load, with a boom angle of 20 degrees, confirms the manufacturer's load-rating table.

(2) Stability tests are required if:

(i) there is no manufacturer's load-rating chart securely fixed to the operator's cab;

(ii) there has been a change in boom or other structural member;

or

(iii) there has been a change in the counterweight.

The test shall consist of lifting a load with the boom in the least stable undercarriage position and at an angle of 20 degrees above the horizontal. The test shall be conducted under close supervision on a firm, level surface. The load that tilts the machine shall be identified as the test load. The test load moment (in ft-lbs) shall then be calculated by multiplying the horizontal distance (in feet) from the center of rotation of the machine to the test load, times the test load (in lbs).

Three-fourths of this test-load moment shall then be used to compute the maximum allowable operating loads for the boom at 20, 40, 60, and 80 degrees above horizontal. From these maximum allowable operating loads, curve shall be plotted and posted in the cab of the machine in sight of the operator. These values shall not be exceeded except in the performance test described below. The test load shall never exceed 100 percent of the manufacturer's maximum rated capacity.

(3) In lieu of the test and computations above, the crane may be load tested for stability at each of the four boom positions listed above.

c. Performance tests shall be performed in accordance with Section 18.G, "Machinery and Mechanized Equipment" of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual, except as specified below. Performance tests shall be conducted after each stability test, when the crane is placed in service on a project, and at least every 12 months.

(1) When conducting a performance load test which is required of a new crane or a crane in which load sustaining parts have been altered, replaced, or repaired (excluding replacement of the rope), the test load shall be as specified in ASME/ANSI B30 Series. That is, for overhead, gantry, portal, pillar, tower, monorail, and underhung cranes, the test load shall not exceed 125 percent of the manufacturer's load rating capacity chart at the

SECTION 01 00 00.00 09 Page 12 configuration of the test; and for hammerhead tower, mobile, and floating cranes and boom trucks, the test load shall not exceed 110 percent of the manufacturer's load rating capacity chart at the configuration of the test.

(2) When conducting a performance load test which is required because a crane is reconfigured, or reassembled after disassembly, or because the crane requires an annual load test, the test loads shall not exceed 100 percent of the manufacturer's load rating capacity chart at the configuration of the test.

(3) All load tests are required to be conducted in accordance with the manufacturer's recommendations.

d. Inspections shall be made which will ensure a safe and economical operation of both cranes and draglines with inspection documented.

Copies of the inspections and tests shall be available at the job site for review. All stability and performance tests on cranes and all complete dragline inspections shall be witnessed by the Contracting Officer or his authorized representative.

e. A complete dragline inspection shall be made:

(1) at least annually;

(2) prior to the dragline being placed in operation; and

(3) after the dragline has been out of service for more than 6 months.

f. All heavy equipment moved onto the worksite shall be inspected for compliance with this contract. The CEMVK-SO Inspection forms attached at the end of this section shall be completed by the Contractor. All completed forms, including abatement schedule of any violations, shall be maintained at the job site for continued review and update as needed.

1.23 VEHICLE WEIGHT LIMITATIONS

Vehicle weight limitations for operation on rural roads and bridges may affect the prosecution of work in this contract. The Contractor will be responsible for obtaining all necessary licenses and permits in accordance with the Contract Clause PERMITS AND RESPONSIBILITIES. Current information regarding road and bridge weight limits may be obtained by contacting the Arkansas State Highway and Transportation Department Mississippi Department of Transportation and the county judge president of the county Board of Supervisors for the counties through which equipment and materials will be transported as a result of this contract.

1.24 PUBLIC AND PRIVATE UTILITIES

a. Unless otherwise specified, shown on the drawings, or stated in writing by the Contracting Officer, the Contractor shall not remove or disturb any public or private utilities. Such removals, alterations, and relocations, where necessary, will be made by others. The locations, if any, shown on the drawings for underground utilities are approximate only. The exact locations of such utilities shall be determined by the Contractor in the field prior to commencing construction operations in their vicinity.

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b. The attention of the Contractor is directed to the possibility that he may encounter, within the right-of-way limits, utilities, some of which may be buried, and the existence of which is presently not known. Should any such utilities be encountered, the Contractor shall immediately notify the Contracting Officer so that he may determine whether they shall be removed, relocated, or altered. After such determination is made, the Contractor shall, if so directed by the Contracting Officer, remove, relocate, or alter them as required, and an equitable adjustment will be made in accordance with the Contract Clause CHANGES. In event the Contracting Officer arranges for such removals, alterations, or relocations to be performed by others, the Contractor shall cooperate with such others during the latter's removal, alteration, or relocation operations in accordance with the Contract Clause OTHER CONTRACTS.

1.25 DAMAGE TO WORK

a. The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause PERMITS AND RESPONSIBILITIES. However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood (see Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph PHYSICAL DATA, subparagraph FLOODS) or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make repairs as ordered by the Contracting Officer and full compensation for such repairs to permanent work will be made at the applicable contract unit or lump sum prices as fixed and established in the contract.